Bill Text: NY S03596 | 2009-2010 | General Assembly | Introduced

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Bill Title: Provides that the failure to report a release of hazardous substances is a class A misdemeanor and any such subsequent violation shall be a class E felony.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO ENVIRONMENTAL CONSERVATION [S03596 Detail]

Download: New_York-2009-S03596-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3596
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    March 25, 2009
                                      ___________
       Introduced by Sens. KRUEGER, HASSELL-THOMPSON, HUNTLEY -- read twice and
         ordered  printed, and when printed to be committed to the Committee on
         Environmental Conservation
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         notification of the release of hazardous substances
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The environmental conservation law is amended by  adding  a
    2  new section 71-3704 to read as follows:
    3  S 71-3704. FAILURE TO REPORT RELEASE OF HAZARDOUS SUBSTANCES.
    4    ANY  PERSON  WHO  VIOLATES  ANY  OF THE PROVISIONS OF, OR WHO FAILS TO
    5  PERFORM ANY DUTY IMPOSED BY SECTION 37-0107 OF  THIS  CHAPTER,  AND  WHO
    6  FAILS  TO NOTIFY THE DEPARTMENT OF A RELEASE OF A REPORTABLE QUANTITY OF
    7  A HAZARDOUS SUBSTANCE HAZARDOUS OR ACUTELY HAZARDOUS TO  PUBLIC  HEALTH,
    8  SAFETY  OR  THE ENVIRONMENT SHALL BE GUILTY OF FAILURE TO REPORT RELEASE
    9  OF A HAZARDOUS SUBSTANCE. FAILURE  TO  REPORT  RELEASE  OF  A  HAZARDOUS
   10  SUBSTANCE  SHALL  BE A CLASS A MISDEMEANOR; PROVIDED, HOWEVER, THAT IF A
   11  DEFENDANT HAS PREVIOUSLY BEEN CONVICTED OF A VIOLATION OF THIS  SECTION,
   12  SUCH SUBSEQUENT VIOLATION SHALL BE A CLASS E FELONY.
   13    S 2. This act shall take effect on the first of November next succeed-
   14  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00902-02-9